================================================================================ FLORIDA STATUTES — TITLE XV (HOMESTEAD AND EXEMPTIONS) CHAPTER 222: METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS ================================================================================ SECTION 222.14: Exemption of cash surrender value of life insurance policies and annuity contracts from legal process. "The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor." -------------------------------------------------------------------------------- SECTION 222.13: Proceeds of life insurance policies. "(1) Whenever any person residing in this state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise." -------------------------------------------------------------------------------- LEGAL APPLICATION TO PPLI & OFFSHORE POLICIES: -------------------------------------------------------------------------------- 1. State-Level Exemption Primacy: Under U.S. debtor-creditor law, an offshore (e.g., Bermuda or Cayman) PPLI policy held by a U.S. resident is NOT automatically immune from U.S. court jurisdiction or creditor claims simply because the policy carrier is foreign. 2. Resident State Law Controls: U.S. bankruptcy courts and state courts apply the debtor's state of domicile exemption statutes to determine whether the cash surrender value of a PPLI policy is protected from creditor process. 3. Florida Model (§ 222.14): Florida provides unlimited statutory protection for the cash surrender value of life insurance policies and annuity proceeds for Florida residents against claims of creditors (absent fraudulent transfer). States without strong insurance exemption statutes (or with low dollar caps) do NOT protect PPLI policy cash surrender value, regardless of whether the policy is issued by a domestic or foreign carrier. 4. Trust-Owned & Third-Party Insured Scope Nuance: § 222.14 applies directly to policies owned by and insuring the debtor's own life. If a PPLI policy is owned by an irrevocable trust or insures a third party (e.g. an elderly relative, as in Webber v. Commissioner where policies insured two elderly relatives), statutory protection does not automatically apply under § 222.14 alone. Trust-owned PPLI structures require specialized spendthrift provisions and discretionary distribution mechanics to protect policy values from creditor attachment. ================================================================================